M.C.Jain, J. - (1.) The petitioner has sought a mandamus declaring the resolutions dated 21.12.1992 and 11.5.1993 as null and void and that he continues to be the Principal of the college and is entitled to his salary.
(2.) The case of the petitioner is that he was the Principal of Suraj Bhan Saraswati Vidhya Mandir, Inter College, Shikarpur, Bulandshahr, a recognised institution under the U. P. Intermediate Education Act. The college is being run by a registered society known as Shikarpur Shiksha Kalyan Samiti. The college was earlier a Junior High School which was upgraded as High School in the year 1989 and thereafter as Intermediate College. The petitioner was the Head Master of Junior High School and became the Head Master of High School when it was upgraded. On upgradation of the school as Intermediate College. he was promoted as Principal by resolution of Managing Committee and was confirmed on a monthly salary of Rs. 1,700. The Committee of Management by resolution letter dated 21.12.1992 held that the petitioner had committed certain Irregularities and without affording any opportunity to him and by letter dated 23.12.1992. he was directed not to work as Principal and to give the charge to Sri Chandra Pal Singh. He was attached with the head office of the Society at Vrindaban. He proceeded on leave from 26.12.1992 to 30.6.1993 as he was in disturbed state of mind because of the serious illness of his wife. The leave was sanctioned to him on 30.12.1992. He sent a letter dated 26.4.1993 to the Manager by registered post on 28.4.1993. He contended that the resolution dated 21.12.1992 and the letter dated 23.12.1992 were absolutely Illegal. By letter dated 12.5.1993. the Manager informed him that he had submitted his resignation letter on 23.4.J993 which had been accepted by the Committee of Management in its meeting dated 11.5.1993. As per this letter dated 12.5.1993 of the Manager, the resignation letter dated 23.4.1993 had personally been handed over by the petitioner to Manager of the College on 24.4.1993. The contention of the petitioner is that he never resigned and the said resignation had been forged. In the alternative, it is submitted that the resignation letter dated 23.4.1993 could be effective only after three months, viz., with effect from 23.7.1993. Being inoperative before 23.7.1993, it could not be accepted on 11.5.1993 in view of the applicable regulations. It is with these allegations that the writ petition has been filed.
(3.) The contest has been put forth by respondent No. 2, the Committee of Management of the College in question. The defence, shortly put, through counter-affidavit is that the institution is not on grant-in-aid. It Is a private institution run by a registered society and has its own scheme of administration. The college is only recognised for the purposes of syllabus and examination. In the meeting of the Committee held on 21.12.1992, one of the resolutions related to the transfer of the petitioner. The petitioner was also present. He had been transferred and attached to the main office. He applied for leave from 26.12.1992 to 30.6.1993 which was sanctioned to him. He submitted his resignation dated 23.4.1993 to the Manager of respondent No. 2 on 24.4.1993 which was accepted. The meeting of the Committee of Management was held on 27.4.1993 and the resignation of the petitioner was accepted. The resolution was sent to Bhartiya Shiksha Sansthan where it was approved on 12.5.1993. The petitioner voluntarily retired and no writ could be filed by him against the society running the college.;